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Bavaria's Prime Minister calls for quick action after the judgment of the Federal Constitutional Court
Photo: Daniel Karmann / dpa
The Federal Constitutional Court in Karlsruhe decided that the restrictions on freedom imposed by the federal government in the wake of the corona pandemic were constitutional. The exit and contact restrictions as well as the school closings of the emergency brake that expired in June were therefore legal. This should play an important role in the discussion of further measures by Chancellor Angela Merkel, her designated successor Olaf Scholz and the Prime Ministers this afternoon. The traffic light parties had indicated that they wanted to wait for the resolutions from Karlsruhe before discussing further measures in the fight against the pandemic.
Bavaria's Prime Minister Markus Söder is now urgently calling for a new federal emergency brake. "Confirmation across the board," wrote the CSU chairman on Twitter on Tuesday. The Federal Constitutional Court has declared all central measures to combat pandemics to be legal. All Bavarian regulations were also in accordance with the basic rights. "This refutes everyone who tried to paint a different picture," emphasized Söder and demanded: "This is the basis for a new federal emergency brake. We have to act quickly now. "
The executive head of the Chancellery, Helge Braun (CDU), also insists on a nationwide uniform emergency brake in the fight against the rampant fourth wave of pandemics.
"We now need an emergency brake that works nationwide according to uniform rules that are comprehensible to citizens," said Braun on Tuesday to the dpa news agency.
»The judgment makes it clear that binding nationwide action is possible in the corona crisis.
And I add: In the current difficult situation it is also necessary. «
A continued overload of the health system can only be averted with a nationwide uniform approach, said Braun.
"I see the reference to the options for action in individual countries by some traffic light politicians as an escape from shared responsibility," he criticized at the same time.
The acting Federal Minister of Economics, Peter Altmaier (CDU), has also welcomed the decisions of the Federal Constitutional Court on the admissibility of Corona measures.
Altmaier wrote on Twitter that the resolutions were "politically wise" and "legally convincing."
Accordingly, they give the old and the new government "the chance to come together".
Action was possible then as it is today, says Altmaier.
"The ball rests with Parliament & Government."
Health Minister Jens Spahn said: "The verdict creates clarity."
It should "offer orientation to the parties who have so far ruled out tougher measures due to legal concerns".
With regard to the infection situation, the CDU politician emphasizes: "We need resolute state action to break the fourth wave."
The FDP domestic politician Konstantin Kuhle sees differences in the pandemic situation today and at the time of the introduction of the federal emergency brake: "The fact that the legislature was allowed to introduce exit restrictions in April 2021 does not mean that the legislature must introduce exit restrictions in December 2021," he wrote Member of the Bundestag on Twitter.
According to Janosch Dahmen, health expert for the Greens, the decisions of the Federal Constitutional Court have given legal certainty for additional protective measures in order to now consistently fight the fourth wave.
The member of the Bundestag wrote that on Twitter.
It would be necessary to implement further measures quickly.
"We need a uniform partial lockdown in many regions of the country," Dahmen previously told the dpa.
This does not mean general, but targeted closings where the situation is out of control.
"Schools and daycare centers should stay open with masks and daily tests." For unvaccinated people, there should be contact restrictions in private as in the first lockdown.
In addition to access rules only for vaccinated and convalescent (2G) and for vaccinated, convalescent and tested (3G) in shops, work and traffic, catering, bars, discos and the prohibition of larger events are necessary - including the audience at Bundesliga games.
Dahmen also called for urgent improvements in crisis management.
"We are too slow when it comes to vaccinating, too hesitant to take protective measures and too cumbersome to transfer patients from overburdened clinics." That is why we now need a crisis management team to deal with the vaccination campaign immediately.
No resolutions planned on Tuesday
The Federal Constitutional Court announced on Tuesday morning that the federal government was allowed to impose exit and contact restrictions in the third wave of pandemics in spring via the so-called corona emergency brake.
The measures interfered with various fundamental rights in a significant way, but were compatible with the Basic Law "in the extremely dangerous situation of the pandemic," said the court in Karlsruhe.
In a second proceeding, the judges dismissed complaints from parents and students against the school closings ordered at the time.
At the same time, for the first time, they recognized a »right of children and young people vis-à-vis the state to school education«.
The traffic light partners SPD, Greens and FDP had decided to let the epidemic situation of national scope expire at the end of November.
This means that exit restrictions and the general closure of shops, schools or daycare centers are currently not possible.
In view of the high number of infections and the spread of the new Omikron variant, calls for tightening the measures had become louder.
The federal and state governments will discuss the situation in a conference call from noon.
According to the executive minister of the Chancellery, Helge Braun, no resolutions were planned in advance.
svs / dpa / AFP